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Privacy PolicyPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. MyPropFolio, LLC. ("MyPropFolio") may revise and update these Terms and Conditions at any time. Your continued usage of the MyPropFolio web site will mean you accept those changes. THIS SITE DOES
NOT PROVIDE ANY REAL ESTATE ADVICE DISCLAIMERS All information contained on our web site, including information relating to real estate is for informational purposes only. You should not use the information contained on this web site for the purpose of measuring any type of success OR PROFITABILITY with regard to the purchase and/or sale of any real estate property. Further, we explicitly disclaim any responsibility for any GOODS/SERVICES or the accuracy, content, or availability of information found on other web sites that contain links to our web site. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. LICENSE AND SITE ACCESS MyPropFolio grants you a limited license to access and make personal use of this web site and not to download or modify it, or any portion of it, except with express written consent of MyPropFolio. This license does not include any resale or commercial use of this site or its contents; any collections and use of any services listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than expressly allowed under these Terms and Conditions or without express written consent of MyPropFolio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyPropFolio and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MyPropFolio’s name or trademarks without the express written consent of MyPropFolio. Any unauthorized use terminates the permission or license granted by MyPropFolio. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyPropFolio.com so long as the link does not portray MyPropFolio, its affiliates, or their goods/services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MyPropFolio logo or other proprietary graphic or trademark as part of the link without express written permission. INTELLECTUAL PROPERTY MyPropFolio owns and operates this web site and the information, materials, product names and services available on it. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of MyPropFolio, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this site is the exclusive property of MyPropFolio and is protected by U.S. and international copyright laws. All software used on this site is the property of MyPropFolio or its suppliers and is protected by U.S. and international copyrights laws. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. MyPropFolio and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to provide true, accurate, current and complete information about yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. MyPropFolio may terminate its agreement with you immediately upon the occurrence of any one or more of the following events: (i) you fail to pay when due any amounts owed; (ii) you become insolvent, make an assignment for the benefit of creditors, institute or become subject to any proceeding under any bankruptcy or other similar laws for the relief of debtors, or seek the appointment of, or become subject to the appointment of, any trustee or receiver; or (iii) you breach any term or provision of this agreement. COMMUNICATIONS Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this web site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. Additionally, MyPropFolio is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you. PRICING Except where noted otherwise, all prices displayed for the goods/services on the website represent the full retail price listed. Price and availability information on our web site are subject to change without notice. If you choose to accept a free trial, your credit card will not be charged until the day after the free trial has expired. You will be billed for the remainder of the current month, as well as for the following month. Unless you cancel in writing, MyPropFolio will continue to bill your credit card on the 1st day of each month thereafter, and you will continue to receive an electronic invoice with the payment information included. If any credit card is declined for any reason, MyPropFolio will charge you $50 as a service fee each time the card is declined. In the event of a chargeback, MyPropFolio will immediately terminate your account. COMMERCIAL TRANSACTIONS Certain goods/services may be offered for sale on this web site. In the event you wish to purchase any of these goods/services, you will be asked by MyPropFolio or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card or bank account information. You agree to provide MyPropFolio or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the goods/service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. Other than personally identifiable information, which is subject to this web site’s Privacy Notice, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this web site in any manner is and will be considered non-confidential and non-proprietary. LIMITATION OF LIABILITY Except as specifically stated on this site, neither MyPropFolio nor any of its officers, directors, board of managers, employees, shareholders, members or other representatives will be liable for any damages arising out of or in connection with the use of this site or the information, services or products offered here. This is a comprehensive limitation of liability that applies to all damages of any kind including, but not limited to, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damages to property, and claims of third parties. MyPropFolio's liability to you shall in no event exceed the amount of your cost of the monthly or yearly plan in dispute. MyPropFolio will use its best efforts to protect the data entered by you on its web site; however, MyPropFolio does not guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet. INDEMNITY You agree to indemnify, defend, and hold harmless MyPropFolio, our officers, directors, managers, employees, members, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of our web site or your violation of these Terms and Conditions. FORCE MAJEURE MyPropFolio is not liable for any default or delay if such default or delay is caused, either directly or indirectly, by forces beyond its reasonable control including, but not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the obligations under this agreement. APPLICABLE LAW; JURISDICTION AND VENUE We make no representation that the content on our web site is appropriate, legal or available for use in other locations outside the United States. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to our web site, the goods/services provided through our web site or the content shall be governed by the internal laws of the state of California, without reference to its choice of law provisions. Any dispute relating in any way to your visit or use of the web site must be submitted to confidential arbitration in Santa Clara, California, except that, to the extent you have in any manner violated or threatened to violate MyPropFolio’s intellectual property rights, MyPropFolio may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. INDEPENDENT CONTRACTOR Nothing in these Terms and Conditions creates the relationship of principal and agent, partner, or joint venturers. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party. ENTIRE AGREEMENT These Terms and Conditions represent the entire between the parties and supersedes all previous agreements, whether oral or written. SITE POLICIES, MODIFICATION, AND SEVERABILITY MyPropFolio reserves the right to make changes to its site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. PRIVACY NOTICE MyPropFolio truly believes in keeping your information confidential. We will only use your personal information for the purposes of enhancing your MyPropFolio experience. By visiting MyPropfolio.com, you are accepting the practices described in this Privacy Notice. Cookies Cookies are small pieces of information passed by a web server to your browser. Personal information is not stored in MyPropFolio cookies. We use cookies to remember non-personal technical information, including your IP address. Children The MyPropFolio web site does not knowingly collect or use any personal information from children under the age of 18 without obtaining verifiable parental consent. MyPropFolio also does not sell any services for purchase by children. If you are under 18, you may only use MyPropFolio.com with the involvement of a parent or guardian. Merger or Sale
of Assets Disclosure of Personal Information MyPropFolio may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to you. MyPropFolio will share your name, address, e-mail address and/or telephone number (“Personal Information”) with those marketing partners in order to help them send you information that we believe will be beneficial to you. We may share non-identifiable aggregated information with these companies. We will not disclose your credit card or bank account information for these purposes. MyPropFolio may also provide Personal Information to any of its affiliated businesses. Legal Disclaimer Though we make every effort to preserve your privacy we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on our web site. Security of Information MyPropFolio protects the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. How To Contact Us Please relay any questions you may have pertaining to our above stated policies to our customer service department at (408) 649-5431 , or email us at info@mypropfolio.com. Terms and Conditions and/or Privacy Notice Changes If MyPropFolio makes changes to any of the Terms and Conditions and/or the Privacy Notice, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We reserve the right to change, modify, add or remove portions of the Terms and Conditions and/or this Privacy Notice at any time, and any changes will become effective immediately upon being posted unless MyPropFolio advises you otherwise. Your continued use of the services and/or the web site after the Terms and Conditions and/or this Privacy Notice has been amended shall be deemed to be your continued acceptance of the Terms and Conditions and/or the Privacy Notice, as amended. You should visit this page from time to time to review the then current Terms and Conditions and Privacy Notice because they are binding on you. Certain provisions of these Terms and Conditions and Privacy Notice may be superseded by legal notices or terms located on particular pages of this web site.
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